SAW (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination Scheme visa. The applicant, Mr. Cheng Lim Saw, sought to have his nomination for the position of Plasterer approved, which would then allow for his visa application to proceed. The nominating employer was Friendly Lim Plastering Pty Ltd. The case came before the Tribunal for review after the Department of Immigration initially refused the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994, specifically concerning the approval of the nominated position. This clause requires, among other things, that the nominating employer is the entity that will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the requirements of clause 186.233 were met. It noted that the nominating employer, Friendly Lim Plastering Pty Ltd, was indeed the entity that would employ the applicant. Furthermore, the Tribunal had previously set aside the Department's refusal and approved the nomination on 10 September 2018. The Tribunal was satisfied that the nomination had not been withdrawn, no adverse information was known to the Department, the position remained available to the applicant, and the visa application was made concurrently with the nomination, thus satisfying the time limit.

Consequently, the Tribunal remitted the applications for Subclass 186 visas for reconsideration by the Department, with a direction that the first applicant, Mr. Cheng Lim Saw, meets the criteria under clause 186.233. The applications of the other named applicants, who were family members, would be determined by reference to the outcome of Mr. Saw's application.